USPTO Patents Application 09853945

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Addicts: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

09/853,945

05/11/2001

Michael L. Imundo

10420/15

6611

7590

09/02/2003

BRINKS HOFER GILSON & LIONE
P.O.Box 10395
Chicago, IL 60610

EXAMINER

COZART, JERMIE E

ART UNIT

PAPER NUMBER

3726

DATE MAILED: 09/02/2003

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 07-01)

?

Advisory Action

Application No.

09/853,945

Examiner

Jermie Cozart

Applicant(s)

IMUNDO ET AL

Z3y

Art Unit

3726

-The MAILING DATE of this communication appears on the cover sheet with the correspondence address «

THE REPLY FILED 18 August 2003 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
Therefore, further action by the applicant is required to avoid abandonment of this application. A proper reply to a
final rejection under 37 CFR 1.113 may only be either: (1) a timely filed amendment which places the application in
condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for Continued
Examination (RCE) in compliance with 37 CFR 1.114.

PERIOD FOR REPLY [check either a) or b)]

a) CH The period for reply expires months from the mailing date of the final rejection.

b) M The period for reply expires on: (1 ) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later. In no

event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

ONLY CHECK THIS BOX WHEN THE FIRST REPLY WAS FILED WITHIN TWO MONTHS OF THE FINAL REJECTION. See MPEP

706.07(f).

Extensions of time may be obtained under 37 CFR 1 .136(a). The date on which the petition under 37 CFR 1 .136(a) and the appropriate extension fee
have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee under
37 CFR 1 .1 7(a) is calculated from: (1 ) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as set forth in
(b) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1 .704(b).

!□ A Notice of Appeal was filed on . Appellant's Brief must be filed within the period set forth in

37 CFR 1.192(a), or any extension thereof (37 CFR 1.191(d)), to avoid dismissal of the appeal.

2. M The proposed amendment(s) will not be entered because:

(a) M they raise new issues that would require further consideration and/or search (see NOTE below);

(b) □ they raise the issue of new matter (see Note below);

(c) □ they are not deemed to place the application in better form for appeal by materially reducing or simplifying the

issues for appeal; and/or

(d) □ they present additional claims without canceling a corresponding number of finally rejected claims.

NOTE: See Continuation Sheet .

3. D Applicant's reply has overcome the following rejection(s): .

4. D Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment

canceling the non-allowable claim(s).

5. D The a)D affidavit, b)D exhibit, or c)D request for reconsideration has been considered but does NOT place the

application in condition for allowance because: .

6. D The affidavit or exhibit will NOT be considered because it is not directed SOLELY to issues which were newly

raised by the Examiner in the final rejection.

7M For purposes of Appeal, the proposed amendment(s) a)[x] will not be entered or b)D will be entered and an
explanation of how the new or amended claims would be rejected is provided below or appended.

The status of the claim(s) is (or will be) as follows:

Claim(s) allowed: .

Claim(s) objected to: 6 and 17 .

Claim(s) rejected: 1-5,7-16 and 18-22 .

Claim(s) withdrawn from consideration: .

8. D The proposed drawing correction filed on is a)D approved or b)D disapproved by the Examiner.

9. D Note the attached Information Disclosure Statement(s)( PTO-1449) Paper No(s). .

10.D Other:

WDOVICH

SUPERVISORY PATENT EXAMINER
TECHNOLOGrCEWTER 3700

U.S. Patent and Trademark Office

PTOL-303 (Rev. 04-01 ) Advisory Action Part of Paper No. 14

!

i Continuation Sheet (PTOL-303) 4fc Application No.

g' 09/853,945 ™

Continuation of 2. NOTE: The additional limitation to claims 1 and 12, "having at least two axes of motion" raises a new issue which
would require further search and/or consideration.

2